Section 70

A licensee shall be entitled, unless his licence or any license through which his interest is derived, provides otherwise, to call on the registered proprietor of the trademark to take infringement proceedings in respect of any matter which affects his interests.

For the purposes of subsection (2), if the registered proprietor refuses or does not take infringement proceedings within two months after being called upon, the licensee may bring the proceedings in his own name as if he were the registered proprietor.

Where infringement proceedings are brought by a licensee by virtue of this section, the licensee may not, without leave of the

Court, proceed with the action unless the registered proprietor is either joined as a plaintiff or added as a defendant.

Subsection (4) does not affect the granting of interlocutory relief on an application by a licensee alone.

A registered proprietor who is added as a defendant under subsection (4) shall not be liable for any costs in the action unless he takes part in the proceedings.

In infringement proceedings brought by the registered proprietor, any loss suffered or likely to be suffered by a licensee shall be taken into account and the Court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of a licensee.

The provisions of this section apply in relation to an exclusive licensee if or to the extent that he has, under subsections 71(1) and (2), the rights and remedies of an assignee as if he were the registered proprietor of the trademark.

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